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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 13, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tem Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member DAVE KIFF - City Manager LEILANI BROWN - City Clerk DAVID HUNT - City Attorney SHARON WOOD - Assistant City Manager STEPHEN BADUM -Public Works Director NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the card please place it in the box at the podium. PUBLIC HEARING: If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are generally held on the second and fourth Tuesdays of each month at 7:00 p.m. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the City's website: http://www.newportbeachca.gov It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD October 13, 2009 I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION -After Study Session - Council Chambers Conference Room 1. Conference with Legal Counsel - Existing Litigation (Government Code §54956.90: Four matter(s): A. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the City of Irvine: 1. Newport Beach/Tustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CCO1264 2. Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CCO1265 3. Newport Beach/Tustin v. City of Irvine (HCG), Orange County Superior Court Case No. 30- 2008- 0022885- CU- WM -CXC 4. Newport Beach/Tustin v. City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264896 2. Conference with Labor Negotiators (Government Code §54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organization: Multiple - Lifeguard Management Association; Police Management Association; and Police Employees Association 3. Conference with Real Property Negotiator (Government Code 554956.81: Property: 608 E. Balboa Boulevard City Negotiator: Sharon Wood Negotiating Parties: Levon Gugasian Under Negotiation: Consideration of acquisition of property III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Mr. Frank Carpenter Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. Ix PRESENTATIONS Presentation of Plaque to Outgoing Building and Fire Board of Appeals Member Presentation of the American Association of Community Theater Volunteer Award to Rae Cohen X. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the Council. Speakers must limit comments to five (5) minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non- agenda items. As a courtesy, please turn cell phones and pagers off or set them in the silent mode. XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (I - 17) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF SEPTEMBER 22, 2009. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. ORDINANCE CLARIFYING THE CITY COUNCIL TERM LIMIT PROVISIONS OF THE CHARTER OF THE CITY OF NEWPORT BEACH. Adopt Ordinance No. 2009 -22 adding Chapter 1.32 of the Municipal Code. C. ORDINANCE FOR INTRODUCTION 4. AMENDMENT TO MUNICIPAL CODE CHAPTER 9.04.030, SUBSECTION 307.4.2.1 (FIRE RING POLICY UPDATE). a) Approve the recommendation of the Parks, Beaches & Recreation Commission; and b) introduce Ordinance No. 2009 amending Municipal Code Section 9.04.030, Subsection 307.4.2.1, to clarify the public use of fire rings at any beach, park, or other public place, and pass to second reading on October 27, 2009. D. RESOLUTION FOR ADOPTION 5. IDENTITY THEFT PREVENTION PROGRAM. Adopt Resolution No. 2009 -_ approving the Identity Theft Prevention Program effective November 1, 2009. E. CONTRACTS AND AGREEMENTS 6. JANITORIAL SERVICES CONTRACT APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PROGREEN BUILDING MAINTENANCE, INC. FOR LIBRARY FACILITY JANITORIAL SERVICES. Approve a Professional Services Agreement with Progreen Building Maintenance, Inc. for Janitorial Services at a not to exceed price of $6,384.80 per month, and authorize the Mayor and City Clerk to execute the agreement. 7. REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT FOR THE BAYSIDE DRIVE SEWER IMPROVEMENTS. a) Approve the Reimbursement Agreement in the amount of $50,700 with Orange County Sanitation District (OCSD) for the Bayside Drive Sewer Improvements; and b) establish an additional amount of $10,000 to cover the cost of unforeseen work. 8. BALBOA BOULEVARD PAVEMENT REHABILITATION - AWARD OF CONTRACT (C- 4144). a) Approve the project plans and specifications; b) award the contract (C -4144) to Ortiz Asphalt Paving, Inc. for the total bid price of $871,000, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $87,100 (10 %) to cover the cost of unforeseen work. 9. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. a) Approve Amendment No. 2 to Professional Services Agreement with VA Consulting, Inc. for design and permit application services at a contract price of $85,790, and authorize the Mayor and City Clerk to execute the agreement; b) approve a budget amendment (10BA -017) transferring $85,790 from Account No. 7014- C5002001 to Account No. 7014- C5100709; and c) stop work on current project and work with the Regulatory Agencies and our consultant team to re -scope the project into a much more modest plan for restoring disturbed area in the canyon, removing invasive species, and pursuing various means to reduce selenium concentrations entering the canyon to below 13 ppb to meet Regional Water Quality Control Board (RWQCB) TMDL requirements. 10. BALBOA PIER EMERGENCY REPAIR - AWARD OF CONTRACT (C- 4326). a) Approve the project plans and specifications; b) award the contract (C -4326) to Associated Pacific Constructors, Inc. for a total bid price of $59,900, and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $10,000 to cover the cost of unforeseen work; and d) approve a budget amendment (10BA- 016) transferring $69,900 from Account No. 7231- C4402002 (Balboa Island/Harbor Bulkhead and Seawall Repairs) to Account No. 7231- C4802002 (Balboa Pier Emergency Repairs). 11. NEWPORT BEACH FILM FESTIVAL GRANT AGREEMENT. Authorize the Mayor and City Clerk to execute a grant agreement with the Newport Beach Film Festival that provides City funding in the amount of $100,000. XIII. m 12. AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES ON THE CIVIC CENTER & PARK DEVELOPMENT PLAN. Approve Amendment No. 3 to the Professional Services Agreement with LSA Associates, Inc., and authorize the Mayor and City Clerk to execute the amended agreement. 13. APPROVAL OF CONTRACTUAL AGREEMENT WITH MANAGEMENT PARTNERS, INCORPORATED FOR INTERIM ASSISTANT CITY MANAGER - JAN PERKINS. Authorize the City Manager and City Clerk to enter into a Professional Services Agreement with Management Partners, Inc. for consultant services related to Interim Assistant City Manager activities. 14. IMPLEMENTATION OF HOUSING ASSISTANCE AGREEMENT WITH THE CITY MANAGER TO SHARE EQUITY. Authorize the Mayor to execute the Housing Assistance Agreement to Share Equity for the City Manager in substantially the form attached. F. MISCELLANEOUS 15. APPOINTMENT OF DAVID KIFF TO METRO CITIES FIRE AUTHORITY BOARD OF DIRECTORS. Appoint David Kiff as the Newport Beach member of the Metro Cities Fire Authority Board of Directors. 16. APPOINTMENT OF THE ADVISORY BOARD OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA). Confirm the Newport Beach Restaurant Association Business Improvement District (NBRA) election of Advisory Board and Executive Board members. 17. PUBLIC MEETING ON PROPOSED INCREASE TO THE BENEFIT ASSESSMENT LEVY OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA). Receive public comments from anyone wishing to speak on the proposed increase to the benefit assessment levy of the Newport Beach Restaurant Association Business Improvement District (NBRA). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC COMMENTS Public comments are incited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XVI. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR OCTOBER 8, 2009. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Zoning Administrator or Planning Director approvals subject to appeal; and c) receive and file written report. XVII. CURRENT BUSINESS 19. PROPOSITION 1A SECURITIZATION PROGRAM. Action: a) Adopt Resolution No. 2009_ authorizing the sale of City's Proposition lA receivable from the State; and b) approve the Purchase and Sale Agreement with the California Statewide Communities Development Authority, and authorize the Mayor and City Clerk to execute the agreement. 20. APPEALS BY CANDIDATES FOR ORIGINAL EMPLOYMENT. Action: Adopt Resolution No. 2009 -_ revising Newport Beach Civil Service Board Rules and Regulations CBoard Rule(s) ") Section 501.3.3 to include a procedure for appeals by candidates for original employment. XVIII. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XDL ADJOURNMENT